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WALLACE v. WEINBERGER

No. 25939.

488 F.2d 606 (1973)

Charlton L. WALLACE, Plaintiff-Appellant, v. Caspar W. WEINBERGER, Secretary of Health, Education and Welfare, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 20, 1973.

Attorney(s) appearing for the Case

W. Edward Morgan (argued), Tucson, Ariz., for plaintiff-appellant.

Richard K. Burke, U. S. Atty., Raymond Battocchi, Atty., Dept. of Justice (argued), Ann Bowen, Asst. U. S. Atty., Tucson, Ariz., Morton Hollander, Chief App. Section, Civ. Div., U. S. Dept. of Justice, Washington, D. C., Robert E. Kopp, Washington, D. C., for defendant-appellee.

Before CHAMBERS, MERRILL, KOELSCH, BROWNING, DUNIWAY, ELY, HUFSTEDLER, WRIGHT, TRASK, CHOY, GOODWIN, WALLACE and SNEED, Circuit Judges.

OPINION

PER CURIAM:

Since 1960 appellant has unsuccessfully sought social security benefits for disability. Six applications have been made, and all have been rejected by the Department of Health, Education and Welfare. On only one, the fourth application, made in 1964, did appellant pursue his remedies to a hearing and, in 1966, to findings of fact and adverse final decision upon the merits by a hearing examiner and the Appeals Council. He was then advised...

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